Ancestral property
Vilas
(Querist) 14 June 2017
This query is : Resolved
can mere mutation of the ancestral property by father who is sole coparcenar converts it into self acquired property ?
There was no will or gift deed executed by grand father who acquired it.
Hemant Agarwal
(Expert) 15 June 2017
1. Sole Legal Heir is entitled to do whatever he wishes to with his heirical property, without any further reference to anybody.
2. The objection IF ANY has to come from any other legal heirs, which in this SOLE case is not available.
Keep Smiling .... Hemant Agarwal
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Guest
(Expert) 15 June 2017
Better discuss the real problem, on what basis your father mutated the property of his ancestors, and from which generation of his ancestor he inherited the property.
Nothing can be useful for you if you don't discuss the real problem and also why you want to ask your question.
Guest
(Expert) 15 June 2017
Also please try to understand, whom you consider ancestor, that may not be your father's ancestor.
Kumar Doab
(Expert) 15 June 2017
Agreeing with Mr. Hemant Agarwal, If your father was Sole Legal heir then he can be sole owner.
The property that devolves by inheritance may be of nature self acquired.
Kumar Doab
(Expert) 15 June 2017
It is believed that all are Hindu.
Confirm!
Kumar Doab
(Expert) 15 June 2017
“There was no will or gift deed executed by grand father who acquired it. “
So your grandfather (Father of your father) purchased it!
Is it or Isn't it!
Kumar Doab
(Expert) 15 June 2017
If he did not dispose it in his life time by a valid/registered deed e.g; Gift/WILL as posted by you, then it should devolve upon his ClassI legal heirs.
ClassI legal heirs of Hindu male dying without disposing his estate/property in his life time by a valid/registered deed have 1st right i.e.; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters………………..
The authority under whose jurisdiction the property falls has a procedure to transfer the ownership in such cases of simple inheritance: Intestate Succession.
Death certificate, legal heir certificate/affidavit per applicable/prevalent rules/laws/precedence’s are basic requirement.
Thereafter latest copy of mutation record can be obtained showing share of Legal heirs.
The Legal heirs become owner of their share by inheritance.
This procedure is to be followed from the original owner from upwards your Family e.g; Grandfather then for your father ……………
Rajendra K Goyal
(Expert) 15 June 2017
In absence of any will the property of the deceased would be inherited by legal heirs as per personal law applicable.
What is the actual problem?
Vilas
(Querist) 15 June 2017
Now to be very clear .The property was constructed by my wifes grand father. Over the period his(FIL) two sisters died. One is alive. He had one brother staying with him he also died (unmarried since he was suffering from parkinson). So he was a sole coparcenar along with his two sons and three daughters who were minor that time. As daughters had no right in the property before the new amendment therfore he carried out mutation. As told earlier grand father did not execute any will or gift deed.
Now we came to know that part of the property is tranferred in the name of his unmarried daughter and daughter in law. he has (father in law ) two sons one of whom died before getting married. He has three daughters two are married and one is unmarried as stated above. I dont know the type of transfer documenation they have carried out in this case.
My wifes father(my FIN) is alive the question is can he transfer the property to daughter in law when partition has not taken place
what about my wifes and her sisters share in the property can she claim the share
I dont know whether the transfer of property had taken place before or after the new amendment.
I have a feeling that this has been done to avoid share to two sisters after the amendment. Pl advise
the plot on which the builing is constructed is still in the name of grand father who constructed it
Vilas
(Querist) 15 June 2017
The plot on which the building is constructed is still in the name of grand father in law.
Vilas
(Querist) 16 June 2017
Now to be very clear .The property was constructed by my wifes grand father. Over the period his(FIL) two sisters died. One is alive. He had one brother staying with him he also died (unmarried since he was suffering from parkinson). So he was a sole coparcenar along with his two sons and three daughters who were minor that time. As daughters had no right in the property before the new amendment therfore he carried out mutation. As told earlier grand father did not execute any will or gift deed.
Now we came to know that part of the property is tranferred in the name of his unmarried daughter and daughter in law. he has (father in law ) two sons one of whom died before getting married. He has three daughters two are married and one is unmarried as stated above. I dont know the type of transfer documenation they have carried out in this case.
My wifes father(my FIN) is alive the question is can he transfer the property to daughter in law when partition has not taken place
what about my wifes and her sisters share in the property can she claim the share
I dont know whether the transfer of property had taken place before or after the new amendment.
I have a feeling that this has been done to avoid share to two sisters after the amendment. Pl advise
the plot on which the builing is constructed is still in the name of grand father who constructed it
Vilas
(Querist) 16 June 2017
Now to be very clear .The property was constructed by my wifes grand father. Over the period his(FIL) two sisters died. One is alive. He had one brother staying with him he also died (unmarried since he was suffering from parkinson). So he was a sole coparcenar along with his two sons and three daughters who were minor that time. As daughters had no right in the property before the new amendment therfore he carried out mutation. As told earlier grand father did not execute any will or gift deed.
Now we came to know that part of the property is tranferred in the name of his unmarried daughter and daughter in law. he has (father in law ) two sons one of whom died before getting married. He has three daughters two are married and one is unmarried as stated above. I dont know the type of transfer documenation they have carried out in this case.
My wifes father(my FIN) is alive the question is can he transfer the property to daughter in law when partition has not taken place
what about my wifes and her sisters share in the property can she claim the share
I dont know whether the transfer of property had taken place before or after the new amendment.
I have a feeling that this has been done to avoid share to two sisters after the amendment. Pl advise
the plot on which the builing is constructed is still in the name of grand father who constructed it
Vilas
(Querist) 16 June 2017
Another question comes to my mind does that mean a father who has acquired property from his father by devolution, and is lone major coparsenar at particular point of time along with his two minor sons and three minor daughters dispose of the property or transfer the property to a few legal heir at his will. Whether partion is mandetory. Will the new amendment will make any diference as it requires a registered deed of partition.
